First Regular Session, 93rd General Assembly
FIFTEENTH DAY, Tuesday, February 1, 2005
The House met pursuant to adjournment.
Speaker Pro Tem Bearden in the Chair.
Prayer by Father David Buescher.
Heavenly Father, we begin this month asking You for grace and insight. We likewise ask a blessing on the little people of our state, the little people or our constituencies – children in schools, the sick in hospital or home, the aged and elderly, the homeless, single parents, anyone suffering discrimination of any kind, the hopelessly poor.
This grand Chamber is here for them as well as for the healthy and the fortunate. Let the work done here this day be motivated by care for the entirety of our state. We bring You this need and all our private needs in trust and faith, longing for true peace and justice. Amen.
The Pledge of Allegiance to the flag was recited.
The Speaker appointed the following to act as Honorary Pages for the Day, to serve without compensation: Thomas William Smith III, Joshua Farrar, David Bickel, Jenah Bickel, Faith Bickel, Laney Rabun and Stevie Rabun.
The Journal of the fourteenth day was approved as corrected.
HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED
House Resolution No. 314 - Representative Liese, et al.
House Resolution No. 315 - Representative Sanders Brooks
House Resolution No. 316 - Representative Aull
House Resolution No. 317
through
House Resolution No. 319 - Representative Schaaf
House Resolution No. 320 - Representative Salva
House Resolution No. 321 - Representative Dethrow
House Resolution No. 322
and
House Resolution No. 323 - Representative Denison
House Resolution No. 324 - Representative Aull
House Resolution No. 325 - Representative Robinson
House Resolution No. 326 - Representative Swinger
House Resolution No. 327 - Representative Lampe
House Resolution No. 328 - Representative Aull
SECOND READING OF HOUSE BILLS
HB 391 through HB 403 were read the second time.
THIRD READING OF SENATE BILL
SB 176, relating to political subdivision elections, was taken up by Representative Deeken.
On motion of Representative Deeken, SB 176 was truly agreed to and finally passed by the following vote:
AYES: 142 |
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Aull |
Baker 123 |
Baker 25 |
Bean |
Bearden |
Behnen |
Bivins |
Black |
Bland |
Boykins |
Bringer |
Brooks |
Brown 30 |
Brown 50 |
Bruns |
Byrd |
Casey |
Chinn |
Cooper 120 |
Cooper 155 |
Cooper 158 |
Corcoran |
Cunningham 145 |
Cunningham 86 |
Curls |
Daus |
Davis |
Day |
Deeken |
Dempsey |
Denison |
Dethrow |
Dixon |
Dougherty |
Dusenberg |
Emery |
Ervin |
Faith |
Fares |
Fisher |
Flook |
Franz |
Fraser |
Goodman |
Guest |
Henke |
Hobbs |
Hoskins |
Hubbard |
Hunter |
Icet |
Jackson |
Johnson 47 |
Johnson 61 |
Jolly |
Jones |
Kelly |
Kingery |
Kratky |
Kraus |
Kuessner |
Lager |
Lampe |
Lembke |
Liese |
Lipke |
Loehner |
Low 39 |
Marsh |
May |
McGhee |
Meadows |
Meiners |
Moore |
Munzlinger |
Muschany |
Myers |
Nance |
Nieves |
Nolte |
Oxford |
Parker |
Parson |
Pearce |
Phillips |
Pollock |
Portwood |
Pratt |
Quinn |
Rector |
Richard |
Roark |
Robb |
Robinson |
Roorda |
Rucker |
Ruestman |
Rupp |
Salva |
Sander |
Sater |
Schaaf |
Schad |
Schlottach |
Schneider |
Schoemehl |
Selby |
Self |
Shoemyer |
Skaggs |
Smith 118 |
Smith 14 |
Spreng |
Stefanick |
Stevenson |
St. Onge |
Storch |
Sutherland |
Swinger |
Threlkeld |
Tilley |
Viebrock |
Villa |
Wagner |
Wallace |
Wasson |
Wells |
Weter |
Whorton |
Wildberger |
Wilson 119 |
Wilson 130 |
Witte |
Wood |
Wright-Jones |
Wright 137 |
Wright 159 |
Yaeger |
Yates |
Young |
Zweifel |
Mr Speaker |
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NOES: 017 |
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Barnitz |
Bowman |
Burnett |
Chappelle-Nadal |
Darrough |
Donnelly |
El-Amin |
Harris 110 |
Harris 23 |
Haywood |
Hughes |
Johnson 90 |
LeVota |
Lowe 44 |
Page |
Vogt |
Walsh |
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PRESENT: 001 |
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George |
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ABSENT WITH LEAVE: 002 |
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Avery |
Walton |
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VACANCIES: 001 |
Speaker Pro Tem Bearden declared the bill passed.
The emergency clause was adopted by the following vote:
AYES: 158 |
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Aull |
Baker 123 |
Baker 25 |
Barnitz |
Bean |
Bearden |
Behnen |
Bivins |
Black |
Bland |
Bowman |
Boykins |
Bringer |
Brooks |
Brown 30 |
Brown 50 |
Bruns |
Burnett |
Byrd |
Chappelle-Nadal |
Casey |
Chinn |
Cooper 120 |
Cooper 155 |
Cooper 158 |
Corcoran |
Cunningham 145 |
Cunningham 86 |
Curls |
Darrough |
Daus |
Davis |
Day |
Deeken |
Dempsey |
Denison |
Dethrow |
Dixon |
Donnelly |
Dougherty |
Dusenberg |
Emery |
Ervin |
Faith |
Fares |
Fisher |
Flook |
Franz |
Fraser |
Goodman |
Guest |
Harris 110 |
Harris 23 |
Haywood |
Henke |
Hobbs |
Hoskins |
Hubbard |
Hughes |
Hunter |
Icet |
Jackson |
Johnson 47 |
Johnson 61 |
Johnson 90 |
Jolly |
Jones |
Kelly |
Kingery |
Kratky |
Kraus |
Kuessner |
Lager |
Lampe |
Lembke |
LeVota |
Liese |
Lipke |
Loehner |
Low 39 |
Lowe 44 |
Marsh |
May |
McGhee |
Meadows |
Meiners |
Moore |
Munzlinger |
Muschany |
Myers |
Nance |
Nieves |
Nolte |
Oxford |
Page |
Parker |
Parson |
Pearce |
Phillips |
Pollock |
Portwood |
Pratt |
Quinn |
Rector |
Richard |
Roark |
Robb |
Robinson |
Roorda |
Rucker |
Ruestman |
Rupp |
Salva |
Sander |
Sater |
Schaaf |
Schad |
Schlottach |
Schneider |
Schoemehl |
Selby |
Self |
Shoemyer |
Skaggs |
Smith 118 |
Smith 14 |
Spreng |
Stefanick |
Stevenson |
St. Onge |
Storch |
Sutherland |
Swinger |
Threlkeld |
Tilley |
Viebrock |
Villa |
Vogt |
Wagner |
Wallace |
Walsh |
Wasson |
Wells |
Weter |
Whorton |
Wildberger |
Wilson 119 |
Wilson 130 |
Witte |
Wood |
Wright-Jones |
Wright 137 |
Wright 159 |
Yaeger |
Yates |
Young |
Zweifel |
Mr Speaker |
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NOES: 001 |
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El-Amin |
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PRESENT: 001 |
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George |
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ABSENT WITH LEAVE: 002 |
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Avery |
Walton |
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VACANCIES: 001 |
RECESS
Representative Dempsey moved that the House stand in recess until 12:15 p.m. in order for the Speaker to sign SB 176.
The hour of recess having expired, the House was called to order by Speaker Jetton.
SIGNING OF SENATE BILL
All other business of the House was suspended while SB 176 was read at length and, there being no objection, was signed by the Speaker to the end that the same may become law.
REFERRAL OF HOUSE RESOLUTION
The following House Resolution was referred to the Committee indicated:
HR 282 - Rules
REFERRAL OF HOUSE BILLS
The following House Bills were referred to the Committee indicated:
HB 393 - Judiciary
HB 394 - Insurance Policy
INTRODUCTION OF HOUSE BILLS
The following House Bills were read the first time and copies ordered printed:
HB 404, introduced by Representatives Goodman, Ruestman, Pearce, Bivins, Munzlinger, Wood, Daus, Sater, Johnson (47), Kratky and Wasson, relating to sewerage systems.
HB 405, introduced by Representatives Johnson (47) and Villa, relating to the sale of liquor.
HB 406, introduced by Representatives Roorda, Casey, Darrough, Meadows, Johnson (90), Wagner and Harris (110), relating to motorized bicycles.
HB 407, introduced by Representatives Roorda, Meadows, Casey, Darrough, Brown (50), Johnson (90), Wagner, Harris (110) and Selby, relating to schedule II controlled substances.
HB 408, introduced by Representatives Parker, Deeken, Sander, Schaaf, Hoskins, Hubbard, Bland, El-Amin, Bruns, Quinn, Kingery, Villa, Boykins, Lowe (44), Harris (110) and Schneider, relating to the creation of a death penalty commission.
HB 409, introduced by Representative Vogt, relating to the St. Louis students' bill of rights.
HB 410, introduced by Representatives Flook, Nance, Ervin, Nolte, Walton, Cooper (155), Moore, Denison and Skaggs, relating to the designation of a highway.
HB 411, introduced by Representatives Denison, Wilson (119), Myers, Lampe, Dougherty, Brown (50), Sater, Behnen, Whorton, Meiners, Sander, Weter and Moore, relating to employment of retirees of the public school retirement system.
HB 412, introduced by Representatives Wasson, Smith (14), Wilson (119), Wood, Viebrock, Roark, Byrd, Ervin, Jackson, Day, Wallace, Cunningham (145), Jetton, Denison, Richard, Parson, Schad, Kuessner, Kratky, Dougherty, May, Cooper (158), Wilson (130) and Dethrow, relating to income taxation.
HB 413, introduced by Representatives Hubbard, Jetton, Parker, Chappelle-Nadal, Bland, Bowman, Page, Rucker, Hoskins, Hughes, Low (39), Bearden, Schaaf, Oxford, Lampe, Baker (25), Selby, Skaggs, Zweifel, Darrough, Wildberger, Whorton, Cooper (155), Meadows, Harris (110) and Sanders Brooks, relating to a bioterrorism vaccination program for first responders deployed to disaster locations.
HB 414, introduced by Representatives Bruns and Rupp, relating to an income tax exemption for military service personnel.
HB 415, introduced by Representatives Sutherland, Smith (118) and Lipke, relating to county recorders.
HB 416, introduced by Representatives Smith (14), Sutherland, Smith (118), Dougherty, Bearden, Hoskins, Hubbard, Jolly, Brown (30), Munzlinger, Cooper (120), Faith, Behnen, Dixon, Ervin, Baker (123), Robinson, Walton, Page, Day, Bivins, Whorton, Dusenberg, Kelly, Parker, Shoemyer, St. Onge, Kingery, Lampe, Pratt, Chinn, Ruestman, Self, Davis, Viebrock, Moore and Wasson, relating to tax relief for veterans.
COMMITTEE ASSIGNMENTS
JOINT COMMITTEE ON ADMINISTRATIVE RULES
Byrd, Richard - Chair
Goodman, Jack
Page, Sam
Stevenson, Bryan
Vogt, Michael
JOINT COMMITTEE ON CAPITAL IMPROVEMENTS AND LEASES OVERSIGHT
Boykins, Amber
Icet, Allen
Lager, Brad
Lembke, Jim
Meadows, Tim
JOINT COMMITTEE ON CORRECTIONS
Moore, Danie - Vice-Chair
Bruns, Mark
Harris, Belinda
Hubbard, Rodney
Kelly, Van
Robinson, Brad
JOINT COMMITTEE ON COURT AUTOMATION
Bringer, Rachel
Byrd, Richard
Lager, Brad
JOINT COMMITTEE ON ECONOMIC DEVELOPMENT POLICY AND PLANNING
Richard, Ron - Chair
Bowman, John
Dempsey, Tom
Swinger, Terry
Wilson, Kevin
JOINT COMMITTEE ON EDUCATION
Baker, Brian
Bringer, Rachel
Brooks, Sharon Sanders
Corcoran, Michael
Johnson, Bob
Robb, Ed
Wallace, Maynard
JOINT COMMITTEE ON GAMING AND WAGERING
Johnson, Bob - Vice Chair
Bean, Otto
Dusenberg, Gary
Meiners, Kate
Wagner, Wes
JOINT COMMITTEE ON GOVERNMENT ACCOUNTABILITY
Cooper, Nathan
Donnelly, Margaret
Ervin, Doug
Faith, Sally
Icet, Allen
Meadows, Tim
Zweifel, Clint
JOINT COMMITTEE ON LEGISLATIVE RESEARCH
Bearden, Carl - Vice Chair
Barnitz, Frank
Bringer, Rachel
Cooper, Shannon
Dempsey, Tom
Icet, Allen
Lager, Brad
Salva, Ray
Walton, Juanita
Yates, Brian
JOINT COMMITTEE ON PUBLIC EMPLOYMENT RETIREMENT
Smith, Todd - Chair
Daus, Mike
Franz, Ward
Haywood, Esther
Rupp, Scott
Yaeger, Patricia
JOINT COMMITTEE ON TAX POLICY
Sutherland, Mike - Chair
Bland, Craig
Cooper, Shannon
Stevenson, Bryan
Zweifel, Clint
JOINT COMMITTEE ON TERRORISM, BIOTERRORISM AND HOMELAND SECURITY
Jackson, Jack - Chair
Bruns, Mark
Cooper, Wayne
Dusenberg, Gary
Roorda, Jeff
Walsh, Gina
Wildberger, Ed
JOINT COMMITTEE ON TRANSPORTATION OVERSIGHT
St. Onge, Neal - Chair
Black, Lanie
Daus, Mike
Denison, Charlie
Henke, Wayne
Schlottach, Charlie
Young, Terry
JOINT COMMITTEE ON WETLANDS
Munzlinger, Brian - Chair
Barnitz, Frank
Henke, Wayne
Wood, Dennis
Wright, Billy Pat
COMMITTEE CHANGES
The Speaker submitted the following Committee changes:
Representative Bowman has been appointed a member of the Transportation Committee.
Representative Boykins has been appointed a member of the Financial Institutions Committee.
Representative Cooper (158) has been appointed a member of the Financial Institutions Committee and the Fiscal Review Committee.
Representative Darrough is no longer a member of the Ways and Means Committee and has been appointed a member of the Crime Prevention and Public Safety Committee.
Representative Deeken has been appointed a member of the Small Business Committee.
Representative Goodman has been appointed a member of the Fiscal Review Committee.
Representative Kelly has been appointed a member of the Workforce Development and Workplace Safety Committee.
Representative Kratky has been appointed a member of the Insurance Policy Committee.
Representative Parson has been appointed a member of the Crime Prevention and Public Safety Committee.
Representative Wallace has been appointed a member of the Local Government Committee.
Representative Wright-Jones is no longer a member of the Insurance Policy Committee and the Transportation Committee and has been appointed a member of the Small Business Committee and the Ways and Means Committee.
MESSAGE FROM THE GOVERNOR
Office of the Governor
State of Missouri
January 31, 2005
REORGANIZATION PLAN NO. 1
2005
TO THE SENATE AND HOUSE OF REPRESENTATIVES OF THE STATE OF MISSOURI:
By virtue of the authority vested in me by the Constitution and laws of the State of Missouri, including the Omnibus State Reorganization Act of 1974 and sections 26.500 through 26.540, RSMo, I hereby transmit Reorganization Plan No. 1 of 2005, by Executive Order 05-07, providing for the consolidation of the Office of Information Technology and the division of Information Services within the Office of Administration.
Respectfully submitted,
/s/ Matt Blunt
EXECUTIVE ORDER
05-07
WHEREAS, the State of Missouri recognizes the critical importance of technology to its government, industry, and economy; and
WHEREAS, the Office of Information Technology was established by Executive Order 03-26 develop strategies and policies to improve existing information technology investments and create a plan to establish an infrastructure which supports innovative government management solutions; and
WHEREAS, Executive Order 03-26 provided that for administrative purposes, the Office of Information Technology shall be located within the Office of Administration; and
WHEREAS, the Office of Administration’s Division of Information Services was created pursuant to Chapter 37, RSMo, and is the central point for coordinating the data processing policies of the executive branch, promoting economy and efficiency in the use of data processing and telecommunications for the transaction of State business; and
WHEREAS, it appears to be in the best interest of the State of Missouri to consolidate the Office of Information Technology and the Division of Information Services to avoid duplication of activities and administrative costs, thereby achieving economy and efficiency across State government; and
WHEREAS, it is appropriate for this consolidated office to be assigned to the Office of Administration.
NOW THEREFORE, I, Matt Blunt, Governor of the State of Missouri, by virtue of the authority vested in me by the Constitution and laws of the State of Missouri, including Article IV, Section 12, Missouri Constitution, Chapter 26, RSMo, and the Omnibus State Reorganization Act of 1974, hereby assign the Office of Information Technology to the Office of Administration’s Division of Information Services in its entirety with all the authority, powers, duties, functions, records, personnel, property, contracts, budgets, matters pending, and other pertinent vestiges of the Office of Information Technology. Further, the head of the consolidated office shall have the title of Chief Information Officer and Director of the Division of Information Services.
IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Missouri, in the City of Jefferson, on this 26th day of January, 2005.
WITHDRAWAL OF HOUSE BILL
February 1, 2005
Mr. Steve Davis, Chief Clerk
Missouri House Representatives
State Capitol
Jefferson City, MO 65101
Dear Steve:
I had previously filed House Bill No. 384 relating to anhydrous ammonia, but respectfully request that this bill be withdrawn.
Thank you for your assistance in this matter.
Sincerely,
/s/ Wes Shoemyer
ADJOURNMENT
On motion of Representative Dempsey, the House adjourned until 10:00 a.m., Wednesday, February 2, 2005.
CORRECTION TO THE HOUSE JOURNAL
Correct House Journal, Fourteenth Day, Monday, January 31, 2005, Page 185, Line 8, by deleting the name “Bearden” and inserting in lieu thereof the name “Cooper (120)”.
COMMITTEE MEETINGS
APPROPRIATIONS - GENERAL ADMINISTRATION
Wednesday, February 2, 2005, 2:45 p.m. Hearing Room 7.
Budgets to be reviewed. Office of Secretary of State, State Treasurer,
Attorney General and State Auditor.
APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES
Monday, February 7, 2005, 10:00 a.m. Hearing Room 3.
Public testimony and discuss organizational issues.
CONSERVATION AND NATURAL RESOURCES
Wednesday, February 2, 2005, 6:00 p.m. Hearing Room 1.
Public testimony on the Department of Conservation.
ELEMENTARY AND SECONDARY EDUCATION
Wednesday, February 2, 2005, 8:00 a.m. Hearing Room 3.
Executive session may follow.
Public hearings to be held on: HB 172, HB 276, HB 297
ETHICS
Thursday, February 3, 2005, 8:00 a.m. Hearing Room 4.
Approval of caucuses. Executive session to follow.
FINANCIAL INSTITUTIONS
Tuesday, February 8, 2005, 12:00 p.m. Hearing Room 6.
Executive session may follow.
Public hearing to be held on: HB 248
FISCAL REVIEW
Wednesday, February 2, 2005, 3:00 p.m. Hearing Room 6.
Organizational meeting.
HEALTH CARE POLICY
Wednesday, February 2, 2005, 8:00 a.m. Hearing Room 6.
Organizational meeting.
JOB CREATION AND ECONOMIC DEVELOPMENT
Wednesday, February 2, 2005, 12:00 p.m. Hearing Room 6.
Organizational meeting. Executive session may follow.
LOCAL GOVERNMENT
Thursday, February 3, 2005, 8:00 a.m. Hearing Room 6.
Public hearings to be held on: HB 127, HB 46, HB 215, HB 58, HB 284
Executive session may be held on: HB 40
PROFESSIONAL REGISTRATION AND LICENSING
Wednesday, February 2, 2005, 12:00 p.m. Hearing Room 1.
Organizational meeting. Executive board directors from the
Division of Professional Registration will be in attendance.
RULES
Wednesday, February 2, 2005, 3:30 p.m. Hearing Room 5.
Executive session may be held.
Public hearings to be held on: HR 309, HR 282
SENIOR CITIZEN ADVOCACY
Thursday, February 3, 2005, 8:00 a.m. Hearing Room 1.
Executive session may follow.
Public hearing to be held on: HB 229
SMALL BUSINESS
Wednesday, February 2, 2005, 12:00 p.m. Hearing Room 3.
Executive session may follow. AMENDED
Public hearing to be held on: HB 190
TRANSPORTATION
Wednesday, February 2, 2005, 8:00 a.m. Hearing Room 1. AMENDED
Public hearings to be held on: HB 43, HB 62, HB 154, HB 155, HB 210, HB 243
UTILITIES
Wednesday, February 2, 2005, 12:00 p.m. Hearing Room 5.
Committee will begin at noon or after morning session, whichever is later.
Executive session may follow. AMENDED
Public hearing to be held on: HB 292
VETERANS
Wednesday, February 2, 2005, 8:00 a.m. Hearing Room 5.
Executive session may follow.
Public hearings to be held on: HB 94, HB 119, HB 162, HB 163, HB 213, HB 216
WAYS AND MEANS
Wednesday, February 2, 2005, 6:00 p.m. Hearing Room 7.
Organizational issues will be discussed.
Public hearings to be held on: HB 65, HB 221, HB 48
HOUSE CALENDAR
SIXTEENTH DAY, WEDNESDAY, FEBRUARY 2, 2005
HOUSE BILLS FOR SECOND READING
HB 404 through HB 416